ANNUAL COMPLIANCES OF SECTION 8 COMPANY
A Section 8 company in India refers to a company registered under Section 8 of the Companies Act, 2013. These companies are established for promoting commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other objective. Profits, if any, are utilized for promoting the objectives of the company, and no dividend is paid to its members.
An annual report for a Section 8 company should comply with the provisions of the Companies Act, 2013.
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Annual Compliance of Company Starting From Rs. 9,999/-
Characteristics of Section 8 Company:
A Section 8 Company in India is an entity established under the provisions of the Companies Act, 2013, designed for advancing activities that contribute to the betterment of society. Its inc orporation aims to support endeavors related to the enhancement of art, science, education, philanthropy, religion, or any other advantageous pursuit that serves the community’s welfare. Noteworthy attributes of a Section 8 Company encompass:
Objective of social welfare promotion: The main goal of a Section 8 Company is to advance social welfare rather than generating profits for its members.
No dividend allocation: Any revenue generated by the company must be used to further its objectives, and no profits are distributed to the members.
Profit utilization: Earnings accrued are reinvested into the company’s endeavors to fulfill its goals.
Mandatory name indicator: Each Section 8 Company is required to include the term “Section 8” in its name.
Restricted liability: Members’ accountability is confined to the amount they contribute to the company.
Under Section 139 of the Companies Act 2013, every Section 8 company must appoint an auditor to audit its annual financial statements. The details of the auditor’s appointment must be filed with the Ministry of Corporate Affairs (MCA) using Form ADT-1 within 15 days following the company’s Annual General Meeting (AGM). This appointment is valid for up to five financial years. Failure to file Form ADT-1 within the stipulated period can result in penalties.
Section 8 companies are required to maintain a statutory register as specified in the Companies Act 2013. This register must include comprehensive records of:
• Loans obtained by the company
• Details of the directors
• Changes in directorship
• Charges on the company’s assets
• Investment records This register ensures transparency and regulatory compliance.
Section 8 companies must adhere to specific meeting requirements:
• Annual General Meeting (AGM): Held twice a year.
• Other Statutory Meetings: As required by regulations.
• Board Meetings: Conducted at least once every 120 days (four times a year).
• Extraordinary General Meetings (EGM): For urgent matters requiring immediate attention.
• Creditors’ Meetings: Needed for restructuring or similar processes.
• Committee Meetings: For any specific committees (e.g., audit committee), regular meetings are necessary.
• Additional Meetings: As required by legal provisions or significant company changes.
Directors must prepare a Director’s Report, which includes:
• Compliance Information: Details on legal and regulatory compliance.
• Corporate Social Responsibility (CSR): Information about CSR activities, if applicable.
• Accounting Details: Insights into financial accounting practices.
• Annexures: Relevant additional documents.
This report should be filed with Form AOC-4, along with the company’s financial statements.
Section 8 companies must prepare and submit the following financial statements:
• Balance Sheet: Shows assets, liabilities, and shareholders’ equity.
• Profit and Loss Statement: Summarizes revenues, costs, and expenses.
• Cash Flow Statement: Details cash inflows and outflows from operations, investments, and financing.
• Other Financial Records: Any additional relevant financial documents.
These statements must be filed with the Registrar of Companies (ROC) and audited by the appointed auditor.
Form AOC-4 must be filed within 30 days from the AGM date. This form includes the annual financial statements and is essential for regulatory compliance. Penalties apply for delays in filing.
Annual returns must be filed using Form MGT-7 within 60 days from the AGM date. This filing is crucial for compliance and transparency about the company’s operational activities over the financial year. Penalties are incurred for late submissions.
Every company require to hold Annual General Meeting every year mandatorily. First AGM held within 9 months from end of financial year and in other case, wSection 8 companies must file their income tax returns by September 30th of each financial year. This return summarizes the company’s total income. Companies registered under Sections 12A and 80G may be exempt from income tax.ithin 6 months from date of closing of financial year.
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Basic Features to Read before starting private limited company
Private company is required to add the word “Private limited” or “Pvt. Ltd.” to end of its name. Private company should have at least two member and two directors. Private company have right to issue debentures to any number of persons.
Features of Public Limited Company
MCA provides the facility for incorporation of public limited company. For incorporation, firstly apply for name through RUN (Reserve Unique Name) on MCA portal. After availability of name from ROC we should file incorporation form i.e. Spice 32, INC 33(for eMOA), INC 34(for eAOA), .
Annual Compliances Package For Private Limited Company
₹10,000/-
- Annual Filing Form AOC-4
- Annual Filing Form MGT-7A
- DIR-3 KYC of 2 director
₹21,000/-
- Annual Filing Form AOC-4
- Annual Filing Form MGT-7A
- DIR-3 KYC of 2 director
- Income Tax Filing
- GST Annual Return filing
₹35,000/-
- Financial Statements
- Annual Filing Form AOC-4
- Annual Filing Form MGT-7A
- DIR-3 KYC of 2 director
- Income Tax Filing
- GST Annual Return filing
- TDS Return Filing
- Return of Deposit DPT-3
- MSME Return Form MSME-1
- Declaration of Significant Beneficial Ownership Form BEN-2